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(영문) 인천지방법원 2017.07.11 2016가단212066
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants, as legal couple, leased the land in Seo-gu Incheon, Incheon (hereinafter “instant land”) in the name of Defendant C and operated a “E restaurant” restaurant (hereinafter “instant restaurant”). On November 30, 201, Defendant C closed the said restaurant on the part of Defendant C (hereinafter “instant restaurant”) and closed the restaurant on November 30, 2001. On the other hand, Defendant C was able to succeed to the ownership of the said land to terminate the lease relationship. Upon introduction of the Plaintiff, the Plaintiff and the Plaintiff continued to succeed to the lease of the instant land and the said restaurant.

B. On November 12, 2001, the Plaintiff paid KRW 20,000,000 as a security deposit to Defendant B, and thereafter, the Plaintiff continued the tegrative construction for the said restaurant.

However, Nonparty F and G (hereinafter “F, etc.”) who are the owners of the instant land, demanded the suspension of the said construction in response to the Plaintiff’s aforementioned performance of the interior works.

C. Afterwards, the Plaintiff filed a complaint with the Incheon Western Police Station on the charge of fraud regarding Defendant B’s KRW 20,000,000. Defendant B was dismissed due to unknown whereabouts, etc. and was arrested on October 5, 2002.

On October 7, 2002, Defendant B, the punishment of Defendant B, and Defendant C, prepared a letter of commitment (hereinafter “instant letter of commitment”) between the Plaintiff and the Plaintiff on October 7, 2002, stating that “The Plaintiff is not liable for any civil or criminal liability against the Defendant B when the amount is received within the prescribed period, and the Plaintiff is not liable for any civil or criminal liability against the Defendant B when it is received within the prescribed period.”

On October 24, 2002, public prosecutors belonging to Incheon District Public Prosecutor's Office issued a disposition that there was no suspicion about defendant B's accusation case (In Incheon District Public Prosecutor's Office 2002 type No. 9021).

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